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History of the Probate Court
Clarke County has a long and varied history. What we now know as Clarke County was originally part of the Mississippi Territory. On December 10, 1812, the area that encompassed Washington County, Alabama was split, creating Clarke County as a separate county. Clarke County was named after General John Clarke of Georgia, a noted politician of the day. The Alabama Territory was formed from the Mississippi Territory on March 13, 1817. The Alabama Territory, in turn, became the State of Alabama on December 14, 1819.
Court was first held in Clarke County at the home of John Landrum near Winn in February, 1813. The county did not have a county seat in the beginning, so various private homes in the area were used as court facilities. The home of William Coate became the meeting place in 1819. It was located in Clarkesville, where a courthouse and jail were built. Thus it became the first County seat of Clarke County. Clarkesville did not have an adequate water supply, so the County seat was moved to Grove Hill, which was then known by the name of Macon, in 1832. The name Macon was changed in the 1850's and the name of the County seat became Grove Hill.
"Clarke County, Alabama and Its Surroundings." by Rev. T. H. Ball, says "the Commissioners Court of Clarke County received proposals in February, 1837 for the erection of a fire proof brick building for a county and circuit court clerk's office, for the safe keeping of the records of said county." In the beginning, an Orphan's Court met at certain intervals to handle both probate and orphan's business. It served as not only the main administrative and legislative body in the county, but also had limited criminal and civil jurisdiction. In 1821 the system changed to one judge and one clerk, as opposed to the five-judge panel that was required to sit at Orphan's Court. The other judges became the Commissioners Court.
A Probate Court was established in each county in 1850, consolidating the positions of judge and clerk. County court functions, with the exception of criminal and civil jurisdiction, were transferred to Probate Court. Since that time, the Probate Office has expanded its responsibilities to include election administration, record keeping, and in some instances, licensing. The Probate Court no longer has jurisdiction for juvenile justice, that responsibility having become the job of district court in 1977. Probate Court as we know it today consists of administering elections, wills and estates, adoptions, appointing Notary Publics, name changes, marriage licenses, property records, involuntary commitments to the State Department of Mental Health, corporation records and various other duties. In Clarke County, the Probate Office and what is now the License Commission Office split off in 1989, creating two separate offices. The License Commission office handles all tag and business license matters, while the Probate Office handles all recording and Probate Court matters.
Probate Records Found Here
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